U.S. Customs and Border Protection (CBP) confirmed the deployment of an L-1 Checklist at U.S.-Canada Ports of Entry (POE) for cases that are not approved. L-1 checklists should now be used by CBP if any L-1 petition is deemed deficient when presented by a Canadian citizen seeking petition adjudication and admission under NAFTA. CBP has also released a second L-1 checklist covering basic points of L-1 eligibility, which is intended to serve as both a guide for applicants and an internal officer training tool.

If a Canadian citizen is refused admission following L-1 adjudication at a U.S.-Canada POE, the applicant should now receive an L-1 deficiency checklist. This document should indicate the specific reason(s) why the petition was not approved. The purpose of the checklist is to better inform applicants of the deficiencies in their petitions so that they can return to the same POE to successfully re-apply with the appropriate documents.

At the same time, the checklist is intended to assist the re-adjudicating CBP officer in simplifying their review of the petition. During the re-adjudication, the officer should focus on only those areas which were previously found deficient. For now, the checklist will be in use only at U.S.-Canada POE where NAFTA adjudications are common. For further information about L-1 applications at a U.S. POE, please contact PricewaterhouseCoopers Immigration Law LLP.

The U.S. Department of Homeland Security (DHS) announced its intent to implement a “Known Employer” pilot program to streamline the adjudication of certain employment-based visa applications. While details about the program have not been released, a goal of the pilot would be to expedite or otherwise facilitate legitimate cross-border business travel along the Northern border ports of entry. The program could make adjudications more efficient and less costly for both DHS and U.S. employers seeking to employ foreign workers.

This announcement stems from prior commitments made by the U.S. and Canadian governments under the North American Free Trade Agreement (NAFTA), as well as the U.S.-Canada Beyond the Border Initiative. In particular, the U.S. and Canadian governments have previously discussed the feasibility of incorporating a trusted employer concept when processing business travelers through their respective borders. This could lead to less paperwork and shorter delays for applicants seeking admission based on Employment with a “Known Employer.”

DHS is hoping to launch the new program by the end of 2015, although no specific start date has been announced. The pilot would be jointly implemented by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement. For further information regarding work visa applications or other immigration matters, please contact PricewaterhouseCoopers Immigration Law LLP.

The Express Entry System, which was implemented on January 1, 2015, allows foreign nationals to apply for permanent residence (PR) under certain economic immigration programs. Under the Express Entry system foreign nationals who meet the criteria for at least one of the economic immigration programs will be placed into a pool of candidates and ranked according to a Comprehensive Ranking System (CRS).

Applicants are then ranked on the basis of their CRS score and the highest scoring applicants will receive an Invitation to Apply (ITA) for PR. Foreign nationals can earn up to a maximum of 1200 points and those ranked high enough will be invited to apply for Canadian PR. An applicant who receives an ITA will have sixty (60) days to submit an online application for PR under one of the economic PR categories listed before the ITA is revoked. An applicant’s ITA will specify which PR category they have qualified under.

When candidates are selected from the pool, it is referred to as a “draw.” Citizenship and Immigration Canada (CIC) will select the highest-ranking candidates from the pool through regular “draws” and invite them via an ITA for PR.

The first draw was made on January 31, 2015 and a total of 779 ITAs for PR were sent out. Foreign nationals who had a total of 886 points or more under the CRS were deemed to be the highest-ranking candidates in the pool and fulfilled the criteria to receive an ITA for PR.

The second draw was made on February 7, 2015 and a total of 779 ITAs for PR were sent out. Foreign nationals, who earned a total of 818 points or more under the CRS were issued ITAs in this second draw. The first two draws sent out 1558 ITAs within a span of 7 days and we anticipate the next draw to yield a similar outcome.

Applying for a U.S. work visa can often be a long and arduous process. However, for Canadians, certain applications may only take a matter of hours. This streamlined option is available to Canadian travelers who apply directly with U.S. Customs and Border Protection (CBP) as intra-company transferees (L-1) or NAFTA professionals (TN-1). An approved application with CBP often take a few hours to process, whereas the same application filed by mail with United States Citizenship and Immigration Services (USCIS) may take a matter of weeks or months. Further, the filing fees with CBP are significantly lower for TN applicants (Currently $56 with CBP vs. $325 or $1,550 with USCIS depending on whether applicant uses their Premium Processing service).

In January 2015, CBP designated 14 specific ports of entry as preferred posts to adjudicate first time L and TN applications filed by Canadians. Their recommendation indicates that officers at these ports have the most experience with work visas and are more likely to fairly adjudicate applications. While this does not mean that an applicant may only apply at one of these 14 ports, it is recommended by CBP to optimize the process for Canadians.

The list of 14 preferred processing stations includes the following ports of entry (4 of which are preclearance locations):

Although the process of applying for a work visa with CBP has its advantages, it is not one to take lightly. Before traveling, applicants should ensure they have all of the appropriate forms and supporting documentation, as well as an idea of what to expect from their interview with the CBP officer. For further information regarding work visa applications with CBP, please contact PricewaterhouseCoopers Immigration Law LLP.

The U.S. offers a variety of visa options designed for foreign students to obtain an education at some of the country’s most prestigious and well-known universities. Unfortunately, some students learned the hard way that Tri-Valley University was not one of those institutions. In fact, it was a sham school designed to issue phony documents to students so that they could obtain student visas, while providing virtually no educational value.

U.S. Immigration and Customs Enforcement (“ICE”) has started to crack down on schools like Tri-Valley University in recent years, with reports that 5 – 10 schools have been closed amongst allegations of immigration fraud. The difficulty for students abroad is that some of these phony institutions actually appear legitimate online. Also, since the school issues the student a visa, it is easy for young, foreign students to accept that the school must be legitimate.

But students looking to come to the U.S. should be extremely cautious when deciding which school to attend. Every effort should be made to verify information on the school’s website. Ideally, the student could visit the school in the U.S. before receiving their visa to ensure that it is a properly functioning university.

Understandably, a student may not have this option, and may not have any reason to doubt the university’s legitimacy until they actually enter the U.S. But once it becomes clear that a school is not offering any courses, the foreigner must decide what to do next. One option would be transferring to a legitimate university; another would be reporting the school to ICE. At no point should the student engage in work which they are not authorized to perform, as this could lead to major problems down the road.

Just ask some of the Indian students who attended Tri-Valley University. Even though they were led to believe they could work full-time jobs, they were not only returned to India once their visas were revoked, but were also required to wear ankle monitors by U.S. authorities. While this may seem a bit extreme for students who were scammed by a U.S. institution, it teaches a valuable lesson: You can never be “too safe” when it comes to your immigration status in the U.S.